RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00150 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ _ APPLICANT CONTENDS THAT: During the time period in question, he was under duress due to a divorce and was not able to focus on the task at hand. He regrets his actions during that time. For the last 20 years he has been a productive citizen and has not had any issues with the legal system. The applicant provides no documentation in support of his appeal. The applicant's complete submission is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 15 March 1983. The applicant was notified by his commander of his intent to recommend that he be discharged from the Air Force under the provisions of AFR 39-10 (Unsatisfactory Performance). The specific reasons follow: a. The applicant received two Letters of Reprimand (LORs) for being late for work three times between the dates of 29 October 1984 and 2 November 1984. He was also late on 8 November 1984 and 9 November 1984. b. The applicant received three Letters of Counseling (LOCs) for failing to complete assigned duties in a timely manner, failing to properly complete assigned duties, and for being 25 minutes late for duty. He was advised of his rights in this matter and elected not to provide a statement on his own behalf. In a legal review of the case file, the assistant staff judge advocate found the case legally sufficient and recommended discharge. The discharge authority concurred with the recommendation. The applicant was discharged with a general (under honorable conditions) discharge on 22 July 1985. He served 2 years, 4 months and 8 days on active duty. ________________________________________________________________ _ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred in the discharge processing. Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority. The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. In the interest of justice, we considered upgrading the discharge based on clemency; however, based on the evidence before us, we find no basis to grant clemency at this time. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2013-00150 in Executive Session on 17 October 2013, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 31 December 2012. Exhibit B. Applicant’s Master Personnel Records. 2 3 4